Examples of Some of the Issues in Elkhart, Indiana regarding disability discrimination
Inaccessible Lerner Theatre in Elkhart, Indiana
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ISSUES:
- Access to the Lerner Theatre: Note the picture above is the front of the Lerner Theatre in Elkhart on Main Street. The doors which are visible are automated as required by ADA and other laws, however, the theater keeps those doors locked. No explanation has been given for this violation, despite repeated attempts to get the city to cease this practice. Those with mobility and other difficulties rely on automated doors to independently access the theater.
- Lack of Accessible Handicap Parking: Parking near the Lerner Theatre is inadequate and results in many disabled persons being unable to attend events at the theater. Parking in the Civic Plaza parking lot across the street on Franklin is not accessible to many because of the steep grade required to go from the lot to the street. The parking lot is well below street level and therefore all handicap parking spaces there are not compliant with ADA. The theater seats over 1,700 and the Crystal Ballroom inside the building seats over 400. There are far too few accessible parking places near the theater. We have repeatedly asked the city to provide Valet Parking so everyone can enter. The city continues to refuse to accept this suggestion. This is a relatively simple and inexpensive solution.
- Exclusion from Community, City and State Planning Meetings: The city continues to host many community planning events at the Lerner Theatre which is inaccessible to many in the disabled community and others with handicapping conditions. Vibrant Communities, the Regional Cities Initiative and many other planning events continue to be held at the theater effectively excluding the disabled community resulting in 1) exclusion of input from the disabled community and 2) guarantees the continued indifference to the needs of the disabled by the lack of inclusion. Although not as serious, the fact that many in the disabled community cannot attend the Lerner Theatre entertainment events is no less discriminatory
- Non-compliant Handicap Parking on City Property and Streets: Dozens of handicap parking spaces in the city are not compliant for a variety of reasons.
- Non-compliant Handicap Parking in Private Lots: Non-governmental, business entities are also required by ADA to provide handicap parking that meets stated standards. We have visited at least 75 private lots in the city limits that have absolutely no handicap parking in the lot. This is a major violation and makes it difficult for many with disabilities to access these businesses.
- Elkhart ADA Committee: The city has an ADA committee which does not include any disabled persons when last checked. How can a committee entitled "Adults with Disabilities Act" Committee not have any people with disabilities represented? This is outrageous. In addition the meetings are not open to the public. This lack of transparency is stunning.
- Lack of Representation on the Human Rights Commission: People with disabilities, who represent 18.7% of the population nationwide, are supposedly protected by the city Human Rights ordinances. However, at last review, none of the 5 member committee were disabled. More deliberate exclusion from city activities and planning.
- Inaccessible Parks and Playgrounds: The city and other entities sponsor several activities throughout the year but most are out of reach for many with disabilities or other handicapping conditions. Accessibility for these events does not seem to rise to even an after-thought. Simple and inexpensive solutions can be made to make these events more accessible but the city continues is exclusion of the disabled.
- Lack of City Employees who are Knowledgeable of ADA law: The woefully lacking and non-compliant attempts by the city to provide handicap parking is evidence of a lack of knowledgeable staff. An ADA Coordinator has been appointed in accordance with ADA law but to the best or our knowledge has no training in ADA or any of the other many disability rights laws. ADA Coordinator online courses are available via the National ADA Centers, but the city has not taken advantage of this. The ADA Coordinator is supposed to be aggressively pursuing compliance with ADA and communication with the disabled community. This is simply not happening.
- Inadequate Public Transportation: The Inter-Urban Trolley has added several new buses but the routes are few and do not cover enough of the city to be useful to many disabled folks.
- Inadequate Affordable and Accessible Housing: A survey conducted during the summer of people in the Elkhart area with disabilities identified this as the #1 need in Elkhart. However, instead of working to provide more accessible and affordable housing, the city is planning to expand luxury apartments which are not needed and cannot be sustained in our opinion.
- Lack of Employment Opportunities for Persons with Disabilities: Nationwide, the unemployment rate of people with disabilities is just over 65% and those few who can find jobs are paid an average of 32.2% less than able bodied people. We have seen no effort by the city to recruit and hire qualified disabled persons.
- Lack of Access to City Court and Common Council Meetings: Both City Court and the Common Council chambers are located in the City Hall. City Hall is not fully accessible to some people in motorized wheelchairs. When entering the building, one must travel downstairs in a platform lift with a weight limit of 750 pounds. The lift is too small for many motorized wheelchairs to use as is the elevator on the lower floor. In addition, the weight of the motorized wheelchair and the person might well exceed the weight limit. The building is old and we cannot and would not recommend renovating it to allow better access, but the city is obligated to move the Common Council Chambers and the City Court to a more accessible venue.
- Refusal of the Lerner Theatre to Refund Tickets to Persons With Disabilities Who Were Unable to Attend Events they have Bought Tickets For: Self-explanatory and blatant disability discrimination.
- Alternative Communication Resources: The following services are not provided to the best of our knowledge by the city and Lerner Theatre despite being required by ADA. Although the city has made efforts to make events more enjoyable at the Lerner Theatre for those who are hearing impaired, we have not seen any effort to provide interpreters for the deaf. Braille programs and other official documents are required to be provided. We have not seen this happen either. Rooms are supposed be identified with Braille so the blind can find there way independently. The city does not appear to have a TTY phone service for the deaf which is a major ADA violation.
These are just a few of the hundreds of issues the city of Elkhart has not addressed. The result of these discriminatory practices against the disabled is profound isolation and and exclusion of the disabled community.
This can no longer be tolerated. We have contacted some of the members of the common council and other political 'leaders' in Elkhart and asked for support. We have received not one response from either party. This is blatant discriminatory indifference.
Please contact the Mayor and Common Council and others and demand that the city begin to seriously address their non-compliance with federal, state and local laws.
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